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Oakland DUI Charges & Penalties Lawyer

Oakland DUI Charges and Penalties Attorney

What are the Consequences of Being Arrested for Drunk Driving in Oakland, CA?

If you are convicted of DUI in Alameda County, you will face strict fines and penalties. Even if it is your first offense with a clean record, you can still be fined heavily, have your driver's license suspended immediately, and spend up to six months in jail. If there are multiple offenses or aggravated circumstances (such as causing bodily injury or death while under the influence), then the penalties will only become more severe.

While the penalties for a DUI are harsh, it is possible to negotiate with the court. In some cases, the charges may be completely dismissed. For this reason, you need an attorney who knows how to navigate the Oakland DUI process and who will work tirelessly to get you the best outcome possible.

Penalties for Drunk Driving Convictions in Oakland

The California Department of Motor Vehicles (DMV) places an automatic suspension on your driver's license after a DUI arrest in Alameda County. Your California driver's license will be seized by the officer at the time of your arrest, and you will receive a notification stating that your driving privileges will be suspended on the 30th day after the date you were arrested. If you live in a state other than California, your license will not be taken by a police officer, but the California DMV will send a notice to your home state, which may result in the suspension of your driver's license.

The term of your driver's license suspension is based on the specifics of your case. If you are arrested for DUI for the first time without any other major issues, your driver's license may be suspended for up to 10 months, but you may be able to get a restricted driver's license after the first 30 days of your suspension. If you refuse to take a chemical BAC test post-arrest, however, the suspension will last for a minimum period of one year with no chance at getting a restricted license during that time.

A second DUI offense (within 10 years) can trigger a one to two-year driver's license suspension, although restricted driving privileges may be available under some circumstances after 90 days have passed. A third DUI offense within 10 years can result in a three-year driver's license revocation with the possibility of a restricted license being available after six months have passed and meeting other conditions. Four offenses within 10 years may lead to a license revocation for four years, and a restricted driver's license may be available after one year.

There is only a short period to contest an administrative driver's license suspension. You have 10 days from the day you receive your suspension order to request an administrative hearing with the California Department of Motor Vehicles. Residents of California and visitors from other states should strongly consider asking for a hearing in order to dispute their suspensions.

Penalties of a Criminal DUI Conviction in Oakland

In California, the most drivers arrested for drunk driving are charged with two criminal counts:

  • Operating a vehicle with a blood alcohol concentration (BAC) over the legal limit of .08 percent; and
  • Operating a vehicle while under the influence of alcohol.

DUI checkpoints are often located near areas where people drink alcohol, such as bars, nightclubs, or casinos. Alameda County police officers have arrested drivers even if they had a blood-alcohol content (BAC) below the .08 legal limit.

In Oakland, a first-time offender may be required to pay around $2,300 in fines and penalty assessments, and they may be required to serve two days of jail time, although these can usually be substituted with two days of participation in a work program. Other penalties might include the requirement to attend DUI school for three months, a three-year term of probation, the requirement to attend at Alcoholic Anonymous meetings, community service requirements, and the requirement to use an ignition interlock device on all vehicles that a person drivers. Enhanced penalties, which may include higher fines and longer imprisonment periods, can be imposed for second and multiple offenders and those convicted of DUI with aggravating circumstances. ties, such as heavier fines and extended jail time.

Contact a Board-Certified Oakland DUI Attorney

If you have been charged with drunk driving, this does not mean that a conviction is unavoidable. If you negotiate properly and have a sound defense strategy, the fallout could be much less severe. Attorney Paul Burglin has over 30 years of experience successfully defending DUI cases in Oakland and the Bay Area. He is one of the five lawyers in California who are Board-Certified by the National College of DUI Defense, meaning he meets national practice standards set by The American Bar Association. Mr. Burglin is the co-author of California Drunk Driving Law, a two-volume treatise generally known as the "Bible of DUI Defense."

For a free consultation with attorney Paul Burglin, contact our office now at 510-250-5629. We serve clients arrested in Oakland as well as other Alameda County towns and cities.

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